September 24, 2008, Introduced by Rep. Clemente and referred to the Committee on New Economy and Quality of Life.
A bill to amend 1986 PA 281, entitled
"The local development financing act,"
by amending section 5 (MCL 125.2155) and by adding section 12c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) The authority shall be under the supervision and
control of a board of 7 members appointed by the chief executive
officer of the city, village, or urban township creating the
authority subject to the approval of the governing body creating
the authority. The board shall include 1 member appointed by the
county board of commissioners of the county in which the authority
is located. The board shall include 1 member representing a
community or junior college in whose district the authority is
located appointed by the chief executive officer of that community
or junior college. The board shall also include 2 members appointed
by the chief executive officer of each local governmental unit,
other than the city, village, or urban township creating the
authority, which levied 20% or more of the ad valorem property
taxes levied against all property located in an authority district
in the year before the year in which the authority district is
established. However, those additional members shall only vote on
matters relating to authority districts located within their
respective local unit of government. Of the members first
appointed, an equal number, as near as possible, shall have terms
designated by the governing body creating the authority of 1 year,
2 years, 3 years, and 4 years. However, a member shall hold office
until the member's successor is appointed. After the first
appointment, each member shall serve for a term of 4 years. An
appointment to fill a vacancy shall be made in the same manner as
the original appointment. An appointment to fill an unexpired term
shall be for the unexpired portion of the term only. Members of the
board shall serve without compensation, but shall be reimbursed for
actual and necessary expenses.
(2) The chairperson of the board shall be elected by the
board.
(3) Before assuming the duties of office, a member shall
qualify by taking and subscribing to the constitutional oath of
office.
(4) The board shall adopt rules governing its procedure and
the holding of regular meetings, subject to the approval of the
governing body. Special meetings may be held when called in the
manner provided in the rules of the board. Meetings of the board
shall be open to the public, in accordance with the open meetings
act,
Act No. 267 of the Public Acts of 1976, being sections 15.261
to
15.275 of the Michigan Compiled Laws 1976 PA 267, MCL 15.261 to
15.275.
(5) Subject to notice and an opportunity to be heard, a member
of the board may be removed before the expiration of his or her
term for cause by the governing body. Removal of a member is
subject to review by the circuit court.
(6) All expense items of the authority shall be publicized
annually and the financial records shall be open to the public
pursuant
to the freedom of information act, Act No. 442 of the
Public
Acts of 1976, being sections 15.231 to 15.246 of the
Michigan Compiled Laws 1976 PA 442, MCL 15.231 to 15.246.
(7) The provisions of subsections (1), (2), (3), (4), and (5)
of this section shall not apply to an authority exercising its
powers under section 3(3).
Sec. 12c. (1) An aerotropolis development corporation
establishing an authority under section 3(3) shall notify the
Michigan economic development corporation of the designation of an
aerotropolis development area.
(2) If the aerotropolis development corporation determines
that a sale price or rental value at below market rate will assist
in increasing employment or private investment in an aerotropolis
development area, the authority and municipality have authority to
determine the sale price or rental value for public facilities
owned or developed by the authority and municipality in the
aerotropolis development area at below market rate.
(3) If public facilities are conveyed or leased at less than
fair market value or at below market rates, the terms of the
conveyance or lease shall include legal and equitable remedies and
rights to assure that the public facilities are used as eligible
property. Legal and equitable remedies and rights may include
penalties and actual or liquidated damages. If public facilities
for public benefit are provided to private owners or users of
eligible property, the terms of the conveyance or lease shall
include a benefit to the private owner or user.
(4) The Michigan economic development corporation shall market
the authority district including aerotropolis development areas.
The Michigan economic development corporation, an aerotropolis
development corporation, and an authority may contract with each
other or with any third party for these marketing services.
(5) For an authority exercising its powers under section 3(3),
each municipality which is a party to the interlocal agreement or
articles of incorporation establishing the aerotropolis development
corporation by a majority vote of the members of its governing body
may make a limited tax pledge to support the authority's tax
increment bonds issued under section 14 or, if authorized by the
voters of the municipality, may pledge its full faith and credit
for the payment of the principal of and interest on the bonds. The
municipalities that have made a pledge to support the authority's
tax increment bonds may approve by resolution an agreement among
themselves establishing obligations each may have to the other
party or parties to the agreement for reimbursement of all or any
portion of a payment made by a municipality related to its pledge
to support the authority's tax increment bonds.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6502(request no.
07377'08 **).
(b) Senate Bill No.____ or House Bill No. 6503(request no.
07781'08 **).
(c) Senate Bill No.____ or House Bill No. 6504(request no.
07806'08 **).
(d) Senate Bill No.____ or House Bill No. 6505(request no.
07807'08 **).
(e) Senate Bill No.____ or House Bill No. 6506(request no.
08280'08 *).
(f) Senate Bill No.____ or House Bill No. 6507(request no.
08281'08 *).
(g) Senate Bill No.____ or House Bill No. 6508(request no.
08282'08 *).
(h) Senate Bill No.____ or House Bill No. 6510(request no.
08284'08 *).
(i) Senate Bill No.____ or House Bill No. 6511(request no.
08285'08 *).